The Virginia Gazette

WILLIAMSBURG, JULY II.

To the PRINTER.

It is the excellence of our most happy constitution that the prerogative of the Crown, and the rights of the people, are so fully ascertained that no insult can be offered to the one, or encroachment made on the other, without either directly or indirectly interfering with some universally acknowledged custom or statute.

In either of these cases the Sovereign and the subject are equally interested in redressing the disorder, the well-being of each depending upon a just exercise and enjoyment of those powers and franchises long since chalked out by the wisdom and courage of our ancestors.

This being premised, with what amazement must the publick have been informed that three Judges of the General Court (out of sessions) have dared to do a most flagrant injury, both to Prince and people, by presuming to rescue a person, charged with the murder of his fellow subject, from the custody of a sheriff, who, by order of an examining court, was conveying him to the publick prison in Williamsburg; and that they had discharged the criminal from custody, under pretence of admitting him to bail?

This measure must assuredly meet with the warmest disapprobation of every unbiased mind, and the more, if (as it is by some suggested) the recognisances given (on account of the non-existence of any authority to take them, to the prejudice of a stronger security, appointed by the laws) are not recoverable. Here his Majesty's dignity is affronted, the authority of his courts contemned, the safety of the subject endangered, and a power of licensing homicides (such is the force of this pernicious precedent) reserved to the Judges of the G C.

A murder may be committed (even ordered) the murderer taken from the sheriff of the county, and enlarged by one, two, three, or any number of Judges, on his entering into a recognisance to appear and take his trial, under the penalty of any, even the smallest sum; such, in short, as the Judge, or Judges, shall please to require. Thus precariously may we enjoy the privilege of breathing! But, after all, should it be found that even that sum, small or great, were not recoverable.

Had the three Judges in question, or their adviser, deigned an answer to the queries, made, on this subject, in a former paper, they would have had no trouble from me.

If the bail allowed was illegal, I did not dispute but the Governour would order immediately, and the Attorney General commence, prosecutions against the violators of laws which so intimately concern the personal security of every individual. Was the measure, by any strange inconsistency in the laws, found warrantable, I concluded the next Assembly would, with ardour, enter upon, and establish, a wiser regulation.

In either of these cases, I had been satisfied; but, no answer appearing to those queries, I cannot forbear declaring that (not being disposed to hold my life by the indulgence of particulars) there ought to be a judicial inquiry into this matter. I say a judicial inquiry; for, abhorring tumults of every kind, I hope no body will dream of any other. I repeat it (for it cannot be said too often) that an inquiry is necessary. To pass over, without attention, so new, so important a transaction, would be a proof of great deficiency of publick virtue, insomuch as to leave us but a melancholy prospect of futurity. Animated by the warmest love to my country, without pique or partiality against, or toward, any person concerned, I have presumed to deliver my sentiments on this matter, by your Gazette. I persuade myself I have done my duty; and shall be happy to find those, from whom we have expectations of redress, act as conscientiously. It is probable I may hereby bring on myself a load of hatred, that I may be severely treated by some persons; I expect it, and am contented: I have my own applause, and am sure of that of every honest Virginian,